Jury Selection Begins in Trial of Former Marine Charged in NYC Subway Chokehold Death
Jury selection is set to begin Monday in the trial of Daniel Penny, a 25-year-old former US Marine Corps veteran, who faces manslaughter charges for placing a man in a fatal chokehold on a New York City subway train in May 2023, the Associated Press reports.
Penny is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer, during an altercation on the subway.
The case, which garnered national attention and stirred significant debate, is expected to last six weeks. It centers on Penny’s actions after Neely was reportedly acting erratically on the train. Witnesses say Penny, aided by two other passengers, restrained Neely, holding him in a chokehold for over three minutes, during which Neely became unresponsive. Neely, who had a history of homelessness, mental illness, and drug addiction, died from neck compression, according to the medical examiner, who ruled his death a homicide.
Penny, who pleaded not guilty, has argued through his lawyers that he did not intend to kill Neely but was attempting to restrain him until the police arrived. His defense claims Neely was acting threateningly, shouting statements such as “I’m gonna kill you” and “I’m ready to die,” which led Penny to intervene. Penny has been free on a $100,000 bond since his arrest and could face up to 15 years in prison if convicted of second-degree manslaughter.
The incident sparked protests and divided public opinion. Demonstrators demanded Penny’s arrest, while others, including Republican political figures, rallied in his defense. Penny’s lawyers plan to argue that his restraint of Neely was not consistent enough to have caused his death and point to other potential factors, such as the presence of synthetic drugs in Neely’s system.
Prosecutors, led by Manhattan District Attorney Alvin Bragg, have maintained that Penny’s actions were reckless and negligent, regardless of his intent. Neely’s family has expressed their desire for justice, with his uncle, Christopher Neely, stating that the trial has been long-awaited by their family.
